In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name Adopsmind.com (hereinafter referred to as “Website/Adopsmind”) is owned by Mobbanner Media Solutions Private Limited.
Please read these Terms and Conditions of Use (“Terms”) carefully. These Terms, along with the others found on our website, include our policy for acceptable use of Adopsmind.com, its content the content posted on the forum, your rights, obligations and restrictions regarding your use of this Site. By accessing Adopsmind.com, you accept, without limitation or qualification, all the Terms applicable to the website, as amended from time to time. You are only authorized to use Adopsmind.com and its services if you agree to abide by all applicable laws and to these Terms. If you do not accept these Terms, you must discontinue use of Adopsmind.com.
We may modify these Terms from time to time and such modification will be effective upon posting on this Site. You agree to be bound to any changes to these Terms when you use this Site after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.
We reserve the right, in our sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
“We”, “Us”, “Our” “Company” shall mean Adopsmind.com, a domain owned by Mobbanner Media Solutions Private Limited.
“Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website.
“You”, “Your”, “User” refers to the user of the Website. “User” in this context shall mean and refer to the legal / natural entity the Company has entered into an agreement with to facilitate the User’s access to Ad Trafficking and Management Services and other content available on the Website.
“Content” refers to any text, image, graphic, video, audio or all forms of data which are made available on the Website.
“Custom Deliverables” refers to the work product being delivered to Users by Us, including without limitation the services offered by Us.
Additional Terms may apply when you use / purchase Products or Services on the website. You agree to abide by the terms and conditions imposed us, including payment of all the amounts when due, and comply with all rules and restrictions regarding the Products or Services.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site.
Without limiting any other provisions of these Terms, you may not use this Site for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Site may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
Adopsmind.com is a marketing and advertising firm, promoted by Mobbanner Media Solution Pvt. Ltd. that has emerged as a name to reckon with in the world of digital media-advertising, providing global services on Ad Trafficking & Campaign Management. We provide the full range of ad operations for advertisers, publishers, agencies and networks, and are committed to making a difference by creating practical, flexible and adaptable solutions that are customized for our clients.
Content on Adopsmind.com
The material on this Site is protected by Indian and international copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from Adopsmind.com without a license or other written permission obtained in advance from the owner of such Intellectual Property, including but not limited to text, audio, video, code and software.
During your visit to this Site, however, you may download the material displayed, for non-commercial, personal use only, provided you retain all intellectual property legends contained in the materials). We neither warrant nor represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by us or affiliated with Adopsmind.com. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, or copying of the content for commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You are a restricted user of this website and the services offered by us.
You agree not to access (or attempt to access) the website and/or the materials or Services on our platform by any means other than through the interface that is provided by us. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is hereby expressly prohibited.
Without limiting the foregoing, the following behaviours are strictly prohibited:
- Strong, vulgar, obscene or otherwise harmful language.
- Racially, ethnically or otherwise, objectionable language.
- Harassing, intimidating, stalking or threatening other community members.
- Libelous, defamatory or otherwise tortuous language.
- Impersonation of another person or persons.
- Posting, distributing, transmitting or promoting illegal content.
- Invasion of another’s privacy.
- Actions that are hurtful or harmful to minors.
- Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party, or information that is misleading.
- Posting, providing, transmitting or otherwise making available any junk mail or spam.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or our vendor websites or another’s computer.
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other User or vendor of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
We will cooperate with any law enforcement authorities or court order requesting or directing Adopsmind.com to disclose the identity of anyone posting any such information or materials.
You represent and warrant that (i) you own the content provided by you or otherwise have the right to grant the license set forth below in the subsequent paragraph, and (ii) the providing of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By displaying or providing information, you hereby grant us a nonexclusive, royalty free, perpetual, global license to publish the content submitted by you to the Forum. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to Adopsmind.com. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within Adopsmind.com, including content submitted. Neither we nor our staff or agents will be responsible for any misleading, false or otherwise injurious information and advice communicated on Adopsmind.com or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained through user-generated content posted on Adopsmind.com.
The User shall retain all right, title, and interest in and to (i) the Custom Deliverables (but not the Intellectual Property Rights relating to the creation for such Custom Deliverables, including the templates and methodologies for such Custom Deliverables, all of which are deemed to be our IP); (ii) its business, technology, trademarks, ad creatives, campaign parameters, and websites and all other Intellectual Property Rights in materials that are developed and owned by User prior to the date of this Agreement; and (iii) any and all Works that User develops independently that are not derived from or incorporate the Services, Deliverables, or Pre-Existing Materials (collectively, “User Materials”). User grants to Adopsmind a nonexclusive, fully paid license (A) to use, reproduce, distribute and prepare derivatives of the User Materials for the sole purpose of performing the Services and creating Deliverables/Custom Deliverables for User, and (B) to collect, analyze and prepare derivatives of non-personally identifiable data resulting from User’s use of the Services and to use and distribute such nonidentifiable data on an aggregate basis with data from several other publishers as long as Adopsmind does not disclose User’s identity or the identity of persons associated with User.
Adopsmind Intellectual Property
Adopsmind.com shall own and retain the complete Intellectual Property rights in the (i) Services; (ii) Deliverables; (iii) all works of authorship, programs, software, code, source code, system design, processes, tools, reports, manuals, supporting materials, drawings, diagrams, flowcharts, business, templates, documents, materials, technology, trademarks, trade secrets, website(s), modifications, updates and enhancements and concepts (“Works”), any of which existed prior to the date of this Agreement, whether created by or for Adopsmind; (iv) any and all Works that are developed by Adopsmind or jointly by User and Adopsmind; and (v) any and all Works developed by User that are derived from or that incorporate the Services, Deliverables, or Pre-Existing Materials, including all feedback provided by User regarding usability, performance, effectiveness, enhancements, or bugs and all fixes and enhancements based on such feedback. To the extent Adopsmind is not automatically deemed to be the author, inventor or owner of any Adopsmind IP, User agrees to assign and hereby assigns, all right, title and interest it may have in any Adopsmind IP to Adopsmind, and agrees to execute all documents necessary to effect Adopsmind full ownership in and to all Adopsmind IP. User appoints Adopsmind its attorney in fact to execute such documents, which appointment is coupled with an interest and is therefore irrevocable.
Adopsmind grants User a non-exclusive, non-transferable, limited license to use the Adopsmind IP only for the purpose of receiving the Services and/or utilizing the Deliverables in accordance with the terms herein as well as other terms on the Website.
Adopsmind.com may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Unauthorized access to registered areas of this Site by non-registered users is strictly prohibited. If you have a user password allowing access to a non-public area of this Site, you may not disclose or share your password with any third party(ies) or use your password for any unauthorized purpose.
Disclaimers, Limitation of Liability and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
This Site, the services and other materials are provided “AS-IS”, without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose and that we assume no responsibility for your (in)ability to (or any costs or fees associated with your (in)ability to) obtain access to Adopsmind.com. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
PROVIDED, for all custom work (specific modifications to our products and services based on your requirements) and Services availed through our website, this limitation of liability shall be read in concurrence with the specific terms applicable to such services. PROVIDED FURTHER that the User agrees, accepts and understands that all custom work and Services related work is carried out on a good-faith basis and as per specific understanding / agreement by and between us and the party concerned.
THE WEBSITE MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND DESCRIPTIONS OF SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED;
(IV) THE SERVICES AVAILED SHALL BE AVAILABLE THROUGHOUT THE YEAR, OR AVAILABLE AT ALL TIMES; OR
(VI) YOUR CONCERNS WILL BE ADDRESSED BY US TO YOUR SATISFACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADOPSMIND.COM OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE, INCLUDING ALL WORK AND SERVICES RELATED WORK IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, DATA OR SERVICE. THE WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
IN NO EVENT SHALL ADOPSMIND.COM OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ADOPSMIND.COM OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF INR 5,000.
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in all disputes arising out of or relating to the use of Adopsmind site/services. Use of the Adopsmind site/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Adopsmind.com, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Adopsmind site/services.
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Your acceptance of these Terms, and your use of the Site do not create a joint venture, a partnership, an employment, or an agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
Notwithstanding anything else to the contrary, it is hereby specified that any service availed by you shall be subject to specific terms governing such transaction, OVER AND ABOVE the terms set forth herein. If for any reason, the terms in the other policies governing any service product is at odds with the terms herein, the terms set forth there shall be deemed to have prevailed.